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Power of Attorney Forms New York 8
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Power of Attorney Forms New York

    Power of attorney forms are tricky to create and have many sections to cover, especially if you want them tailored for the state of New York. We have created a simple, easy-to-read power of attorney forms New York template that will give you peace of mind. Our attorneys wrote and approved this template (and more) that will help you make your decisions safer, easier and faster.

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Power of Attorney Forms New York

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The popular proverb “a peacock today, a feather duster tomorrow” is the exact story of a will or life assurance. Some years ago, they were the most widely used insurance measures people used in preparation for an unpredicted casualty. Today, more and more people have begun to understand the importance of a power of attorney.

Unlike the others, a power of attorney works while you are still alive, incapacitated or not. What if you are not dead, but unable to take decisions for yourself? Who acts on your behalf? That is what a power of attorney document specifies.

The components of a power of attorney form in New York include:

    • Type of power of attorney
    • Executor details
    • Agent details
    • Purpose
    • Property details
    • Execution date Notarized

What is New York Power of Attorney?

The New York Power of Attorney is the provision the laws of the state of New York confer on an individual (principal) to choose someone (an agent or attorney-in-fact) to represent him/her in all his/her legal and financial matters, or in specific matters.

The principal may choose to limit these powers to a particular thing, say, signing cheques from a bank account for monthly payment of bills or make the powers broader, say, buy/sell real estate documents, receive benefits, among others.

If this power of attorney is no longer effective after incapacitation of the principal, it is called a non-durable power of attorney. If, on the other hand, it still remains valid after incapacitation of the principal, it is called a durable power of attorney.

As expected, the agent should represent the best interests of the principal. Hence, it is usually recommended that the principal appoints a reliable and capable spouse, relative or family friend but not a minor.

It must be noted that giving an agent does not mean you are handing over your financial and legal matters over on a permanent basis. You can still attend to these matters on your own.

You are only giving the agent the rights to do the same in your own name when you are unavailable. In fact, you can revoke a power of attorney at any time you deem fit without giving any particular reasons, personal or legal.

Try our power of attorney forms New York template!

If you're looking for a reliable power of attorney forms New York template that covers all the bases, then look no further! Download the free template we've created and customize it for your needs.

Download this template for free here.

Why Would You Use a New York Power of Attorney Form?

You never can tell when emergencies may arise, can you? That is why the power of attorney is a recognized agreement under the law across all fifty states in the United States.

In general, a power of attorney NY form is usually prepared for aging seniors or those with significant health issues in New York that could lead to their incapacitation. You might also consider drafting one if you:

  • Travel a lot
  • Serve in the military
  • Active in extremely high-risk sporting activities
  • Function in a high-risk work environment

A power of attorney, much like a living will or a life assurance is a long-term plan to contain the effects a casualty might have on an individual. You can appoint your agent to handle your medical affairs, certain business transactions, and tax-related matters if you are often out of the country and unable to attend to them yourself.

You can also put the agent in charge of your finances and legal transactions, if and when, you get incapacitated mentally or physically to do them yourself. They are bound to act within the dictates of the power of attorney form ny.

What Are The Power of Attorney Requirements in New York?

The power of attorney requirements in New York are not very different from elsewhere. The following are some requirements that need to be met for your power of attorney ny to be valid.

  • It must contain the date and notarized signature of the principal, while the principal is deemed mentally capable of handing over such powers.
  • Date and notarized signature of the agent or attorney-in-fact.
  • It must follow the required language expected of a power of attorney form
  • The contents of the letter must be clear, legible and not lesser than twelve points in size. Essentially, it must be typed or printed “using letters which are legible or of clear type no less than twelve point in size, or, if in writing, a reasonable equivalent thereof.”
  • If the principal chooses to complete a ‘Statutory Gifts Rider’ and attach to the power of attorney document, he/she must sign the documents in the presence of some witnesses or a notary public.

It must be noted that you or the agent can appoint someone to sign or date the form on your behalf. This is usually done in what is referred to as a fiduciary capacity, through an attorney. However, for the signature to be valid and recognizable under the law, the individual signing the form on your behalf or that of the agent must be able to show a proof that he/she was authorized by yourself or the agent.

Also, if you are downloading any of CocoSign’s templates, you do not have to worry about the font size laws or language, since the templates are designed to be agreeable with the laws of New York.

Types of Power of Attorney in New York

There are different types of power of attorney granted by the laws of New York. They include:

Springing power of attorney: For a springing power of attorney, the power of attorney becomes effective only after a particular date. You can dictate that it becomes enacted only after you become very ill, mentally incapable or physically disabled. As a form of security, you can specify on the document that your inability to manage your own affairs can only be determined by your physician.

Health Care Proxy or Medical power of attorney: The medical power of attorney document in New York is titled Health Care Proxy. It can be found in the New York Consolidated Laws, Public Health Law, Section 2891. Here, your agent acts on your behalf only on medical-related matters. The agent has the rights to make some decisions as directed by the contents of the document for you. He could choose to refuse you blood transfusion or a surgical procedure that has a 50-50 chance of you surviving. The form has provisions for you to include specific instructions or roles you want your agent to play.

Limited power of attorney: Here, your agent is permitted to act in your name only on specific matters. He might be restricted to only collecting your benefits, acting on your behalf on medical related matters, or on tax-related issues.

Try our power of attorney forms New York template!

If you're looking for a reliable power of attorney forms New York template that covers all the bases, then look no further! Download the free template we've created and customize it for your needs.

Download this template for free here.

How to Get A Power of Attorney in New York?

You can obtain a standard power of attorney form NewYork from a court or use an online template or fillable form suited to what you need. CocoSign, for example, has detailed New York state power of attorney forms for medical, legal and financial purposes.

Getting a power of attorney form, especially from a reputable website is a cost-effective way of obtaining this important legal document. As long as the ny power of attorney requirements are met, they are equally as legal and valid as having a legal practitioner draft one for you.

As expected, an attorney or legal practitioner will charge you more for helping you draft one.

The keyword to a ny power of attorney form is understanding what you are signing before you complete it. Having gone through this article, your eyes should be opened to the importance of power of attorney, requirements that should be met, and considerations before appointing a particular individual to represent you. To get started, download your required power of attorney form from CocoSign’s wealthy lineup of New York power of attorney documents.

DOCUMENT PREVIEW

POWER OF ATTORNEY

NEW YORK STATUTORY SHORT FORM

 

(a) CAUTION TO THE PRINCIPAL: Your Power of Attorney is an important document. As the "principal," you give the person whom you choose (your "agent") authority to spend your money and sell or dispose of your property during your lifetime without telling you. You do not lose your authority to act even though you have given your agent similar authority.

 

When your agent exercises this authority, he or she must act according to any instructions you have provided or, where there are no specific instructions, in your best interest. "Important Information for the Agent" at the end of this document describes your agent's responsibilities.

 

Your agent can act on your behalf only after signing the Power of Attorney before a notary public. You can request information from your agent at any time. If you are revoking a prior Power of Attorney, you should provide written notice of the revocation to your prior agent(s) and to any third parties who may have acted upon it, including the financial institutions where your accounts are located.

 

You can revoke or terminate your Power of Attorney at any time for any reason as long as you are of sound mind. If you are no longer of sound mind, a court can remove an agent for acting improperly.

 

Your agent cannot make health care decisions for you. You may execute a "Health Care Proxy" to do this.

 

The law governing Powers of Attorney is contained in the New York General Obligations Law, Article 5, Title 15. This law is available at a law library, or online through the New York State Senate or Assembly websites, www.nysenate.gov or www.nyassembly.gov.

 

If there is anything about this document that you do not understand, you should ask a lawyer of your own choosing to explain it to you.

 

(b) DESIGNATION OF AGENT(S):

 

I, ______________________, with a mailing address of ______________________, City of ______________________, State of New York, hereby appoint: ______________________, with a mailing address of ______________________, City of ______________________, State of New York as my agent.

 

INITIAL ONE (1)

 

_____ - There shall be no other Agents.

 

_____ - There shall be another Agent known as ______________________, with a mailing address of ______________________, City of ______________________, State of New York as my agent.

 

If you designate more than one agent above, and you do not initial the statement below, they must act together.

 

_____ - My agents may act SEPARATELY.

 

(c) DESIGNATION OF SUCCESSOR AGENT(S): (OPTIONAL) (INITIAL)

 

_____ - There shall be no Successor Agents.

 

_____ - There shall be a Successor Agent known as ______________________, with a mailing address of ______________________, City of ______________________, State of New York.

 

_____ - There shall be a Successor Agent known as ______________________, with a mailing address of ______________________, City of ______________________, State of New York.

 

If you do not initial the statement below, successor agents designated above must act together.

 

_____ - My Successor Agents may act SEPARATELY.

 

You may provide for specific succession rules in this section. Insert specific succession provisions here: ________________________________________________________

 

(d) THIS POWER OF ATTORNEY shall not be affected by my subsequent incapacity unless I have stated otherwise below, under "Modifications".

 

(e) THIS POWER OF ATTORNEY DOES NOT REVOKE any Powers of Attorney previously executed by me unless I have stated otherwise below, under "Modifications."

 

(f) GRANT OF AUTHORITY:

 

To grant your agent some or all of the authority below, either

 

(1) Initial the bracket at each authority you grant, or (2) Write or type the letters for each authority you grant on the blank line at (P), and initial the bracket at (P). If you initial (P), you do not need to initial the other lines.

 

I grant authority to my agent(s) with respect to the following subjects as defined in sections 5-1502A through 5-1502N of the New York General Obligations Law:

 

_____ - (A) real estate transactions;

 

_____ - (B) chattel and goods transactions;

 

_____ - (C) bond, share, and commodity transactions;

 

_____ - (D) banking transactions;

 

_____ - (E) business operating transactions;

 

_____ - (F) insurance transactions;

 

_____ - (G) estate transactions;

 

_____ - (H) claims and litigation;

 

_____ - (I) personal and family maintenance. If you grant your agent this authority, it will allow the agent to make gifts that you customarily have made to individuals, including the agent, and charitable organizations. The total amount of all such gifts in any one calendar year cannot exceed five hundred dollars;

 

_____ - (J) benefits from governmental programs or civil or military service;

 

_____ - (K) health care billing and payment matters; records, reports, and statements;

 

_____ - (L) retirement benefit transactions;

 

_____ - (M) tax matters;

 

_____ - (N) all other matters;

 

_____ - (O) full and unqualified authority to my agent(s) to delegate any or all of the foregoing powers to any person or persons whom my agent(s) select;

 

_____ - (P) EACH of the matters identified by the following letters _________________.

 

You need not initial the other lines if you initial line (P).

 

(g) CERTAIN GIFT TRANSACTIONS: STATUTORY GIFTS RIDER (OPTIONAL)

 

In order to authorize your agent to make gifts in excess of an annual total of $5,000 for all gifts described in (I) of the grant of authority section of this document (under personal and family maintenance), and/or to make changes to interest in your property, you must expressly grant that authorization in the Modifications section below. If you wish to authorize your agent to make gifts to himself or herself, you must expressly grant such authorization in the Modifications section below. Granting such authority to your agent gives your agent the authority to take actions which could significantly reduce your property and/or change how your property is distributed at your death. Your choice to grant such authority should be discussed with a lawyer.

 

_____ - I grant my agent authority to make gifts in accordance with the terms and conditions of the Modifications that supplement this Statutory Power of Attorney.

 

(h) MODIFICATIONS: (OPTIONAL)

 

In this section, you may make additional provisions, including, but not limited to, language to limit or supplement authority granted to your agent, language to grant your agent the specific authority to make gifts to himself or herself, and/or language to grant your agent the specific authority to make other gift transactions and/or changes to interests in your property. Your agent is entitled to be reimbursed from your assets for reasonable expenses incurred on your behalf. In this section, you may make additional provisions if you ALSO wish your agent(s) to be compensated from your assets for services rendered on your behalf, and you may define “reasonable compensation.”

 

______________________________________________________________________

 

(i) DESIGNATION OF MONITOR(S): (OPTIONAL)

 

If you wish to appoint monitor(s), initial and fill in the section below:

 

_____ - I wish to designate ______________________, whose address(es) is (are)  ____________________________________________________________, as monitor(s). Upon the request of the monitor(s), my agent(s) must provide the monitor(s) with a copy of the power of attorney and a record of all transactions done or made on my behalf. Third parties holding records of such transactions shall provide the records to the monitor(s) upon request.

 

(j) COMPENSATION OF AGENT(S):

 

Your agent is entitled to be reimbursed from your assets for reasonable expenses incurred on your behalf. If you ALSO wish your agent(s) to be compensated from your assets for services rendered on your behalf, and/or you wish to define “reasonable compensation”, you may do so above, under “Modifications”.

 

(k) ACCEPTANCE BY THIRD PARTIES: I agree to indemnify the third party for any claims that may arise against the third party because of reliance on this Power of Attorney. I understand that any termination of this Power of Attorney, whether the result of my revocation of the Power of Attorney or otherwise, is not effective as to a third party until the third party has actual notice or knowledge of the termination.

 

(l) TERMINATION: This Power of Attorney continues until I revoke it or it is terminated by my death or other event described in section 5-1511 of the General Obligations Law.

Section 5-1511 of the General Obligations Law describes the manner in which you may revoke your Power of Attorney, and the events which terminate the Power of Attorney.

 

(m) SIGNATURE AND ACKNOWLEDGMENT:

 

In Witness Whereof I have hereunto signed my name on __________________, 20___.

 

PRINCIPAL’S SIGNATURE __________________________________________

 

STATE OF NEW YORK

COUNTY OF _______________________

 

On the ____ day of __________________ in the year 20___ before me, the undersigned notary public, personally appeared _______________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.

 

____________________________________

Notary Public Signature

 

(n) SIGNATURES OF WITNESSES:

 

By signing as a witness, I acknowledge that the principal signed the Power of Attorney in my presence and in the presence of the other witness, or that the principal acknowledged to me that the principal's signature was affixed by him or her or at his or her direction. I also acknowledge that the principal has stated that this Power of Attorney reflects his or her wishes and that he or she has signed it voluntarily. I am not named herein as an agent or as a permissible recipient of gifts.

 

 

____________________________                            ____________________________

Signature of Witness 1                                                Signature of Witness 2

____________________________                            ____________________________

Date                                                                            Date

____________________________                            ____________________________

Print Name                                                                  Print Name

____________________________                            ____________________________

Address                                                                      Address

____________________________                            ____________________________

City, State, Zip Code                                                  City, State, Zip Code

 

 

This document prepared by: _______________________________________________

 

 

(o) IMPORTANT INFORMATION FOR THE AGENT:

 

When you accept the authority granted under this Power of Attorney, a special legal relationship is created between you and the principal. This relationship imposes on you legal responsibilities that continue until you resign or the Power of Attorney is terminated or revoked. You must:

 

(1) act according to any instructions from the principal, or, where there are no instructions, in the principal's best interest;

 

(2) avoid conflicts that would impair your ability to act in the principal's best interest;

 

(3) keep the principal's property separate and distinct from any assets you own or control, unless otherwise permitted by law;

 

(4)  keep a record of all transactions conducted for the principal or keep all receipts of payments and transactions conducted for the principal; and

 

(5) disclose your identity as an agent whenever you act for the principal by writing or printing the principal's name and signing your own name as "agent" in either of the following manners: (Principal's Name) by (Your Signature) as Agent, or (your signature) as Agent for (Principal's Name).

 

You may not use the principal's assets to benefit yourself or anyone else or make gifts to yourself or anyone else unless the principal has specifically granted you that authority in the modifications section of this document or a Non-Statutory Power of Attorney. If you have that authority, you must act according to any instructions of the principal or, where there are no such instructions, in the principal's best interest. You may resign by giving written notice to the principal and to any co-agent, successor agent, monitor if one has been named in this document, or the principal's guardian if one has been appointed. If there is anything about this document or your responsibilities that you do not understand, you should seek legal advice.

 

Liability of Agent:

 

 

The meaning of the authority given to you is defined in New York's General Obligations Law, Article 5, Title 15. If it is found that you have violated the law or acted outside the authority granted to you in the Power of Attorney, you may be liable under the law for your violation.

 

(p) AGENT'S SIGNATURE AND ACKNOWLEDGMENT OF APPOINTMENT:

 

It is not required that the principal and the agent(s) sign at the same time, nor that multiple agents sign at the same time.

 

I/we, ___________________________________________, have read the foregoing Power of Attorney. I am/we are the person(s) identified therein as agent(s) for the principal named therein.

 

I/we acknowledge my/our legal responsibilities.

 

In Witness Whereof I have hereunto signed my name on ________________ 20_____.

 

 

Agent(s) Signature __________________________________________

 

Agent(s) Signature __________________________________________

 

STATE OF NEW YORK

COUNTY OF _______________________

 

On the ____ day of __________________ in the year 20___ before me, the undersigned notary public, personally appeared _______________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.

 

____________________________________

Notary Public

 

(q) SUCCESSOR AGENT'S SIGNATURE AND ACKNOWLEDGMENT OF APPOINTMENT:

 

It is not required that the principal and the SUCCESSOR agent(s), if any, sign at the same time, nor that multiple SUCCESSOR agents sign at the same time. Furthermore, successor agents cannot use this power of attorney unless the agent(s) designated above is/are unable or unwilling to serve.

 

I/we, ___________________________________________, have read the foregoing Power of Attorney. I am/we are the person(s) identified therein as SUCCESSOR agent(s) for the principal named therein.

 

In Witness Whereof I have hereunto signed my name on ________________ 20_____.

 

 

Successor Agent(s) Signature ______________________________________

 

Successor Agent(s) Signature ______________________________________

 

STATE OF NEW YORK

COUNTY OF _______________________

 

On the ____ day of __________________ in the year 20___ before me, the undersigned notary public, personally appeared _______________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.

 

____________________________________

Notary Public

 

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